MC Harry & Associates Agmt
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
M.C. HARRY AND ASSOCIATES, INC.
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A / E)
SERVICES
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 02-03/04
FOR THE
COLLINS PARK / ROTUNDA / MUNICIPAL PARKING FACILITY
PROJECT
OCTOBER 2004
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
1.1 City
l.2 City Commission
1.3 City MarIager
1.4 Proposal Documents
1.5 ConsultarIt
1.6 City's Project Coordinator
1.7 Program MarIager
1.8 Basic Services
1.9 The Project
1.9.1 The Project Cost
1.9.2 The Project Scope
1.10 Construction Cost
1.10.1 Construction Cost Budget
1.10.2 Statement of Probable Construction Cost
1.11 Force Majeure
1.12 Contractor
1.13 Contract Documents
1.14 Contract for Construction
1.15 Construction Documents
1.16 Contract Amendment
l.l7 Additional Services
1.18 Work
1.19 Services
1.20 Base Bid
1.21 Schedules
1.22 Scope of Services
PAGE
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ARTICLE 2.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
BASIC SERVICES
Planning Services
Design Services
Bidding arId Award Services
Construction Phase Services
Additional Services
Responsibility for Claims arId Liabilities
Time
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ARTICLE 3. THE CITY'S RESPONSIBILITIES
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ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
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ARTICLE 5. ADDITIONAL SERVICES
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ARTICLE 6, REIMBURSABLE EXPENSES
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COLLINS PARK I ROTUNDA I MUNICIP AL PARKING FACILITY PROJECT
ARTICLE 7. COMPENSATION FOR SERVICES
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ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
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ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
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ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination for lack of Funds
10.2 Termination for Cause
lO.3 Termination for Convenience
lOA Termination by Consultant
10.5 Implementation of Termination
10.6 Non-Solicitation
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ARTICLE 11. INSURANCE
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ARTICLE 12. INDEMNIFICATION
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ARTICLE 13. VENUE
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ARTICLE 14. LIMITATION OF LIABILITY
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ARTICLE 15. MISCELLANEOUS PROVISIONS
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ARTICLE 16. NOTICE
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SCHEDULES:
SCHEDULE "A" - SCOPE OF SERVICES SECTION 1
SCHEDULE "A" - SCOPE OF SERVICES SECTION 2
SCHEDULE"B" -CONSULTANT COMPENSATION
SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE
SCHEDULE "D" - PROJECT SCHEDULE
SCHEDULE "E" PERMETER OF PROJECT SCOPE
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COLLINS PARK/ ROTIJNDA / MUNICIPAL PARKING FACILITY PROJECT
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
M.C. HARRY and ASSOCIATES, INe.
FOR PROFESIONAL
ARCHITECTURE AND ENGINEERING (AlE) SERVICES
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 02-03/04
FOR THE
COLLINS PARK/ ROTUNDA / MUNICIPAL P ARKING FACILITY PROJECT
This Agreement made and entered into this _ day of , 2004, by and between
the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of
Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida, 33l39, and M.C. HARRY and ASSOCIATES, INC., a Florida
corporation having its principal office at 2780 S.W. Douglas Road, Suite 302, Miami, Florida
33133 (hereinafterreferred to as Consultant).
WIT N E SSE T H:
WHEREAS, the City intends to undertake a project within the City of Miami Beach,
which is more particularly described in this Agreement and the attached Schedule "A", and
wishes to engage the Consultant to provide architectural, landscape architectural, and/or
engineering services for the Project at the agreed fees as set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of
architectural, landscape architectural, and/or engineering and related professional services
relative to the Project, as hereinafter set forth.
NOW THEREFORE, City and Consultant, in consideration ofthe mutual covenants and
agreements herein contained, agree as follows:
COLLINS PARK / ROTIJNDA / MUNICIPAL P ARKING FACILITY PROJECT
ARTICLE 1. DEFINITIONS
1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida, 3313 9.
1.2 CITY COMMISSION: "City Commission" shall mean the governmg and
legislative body of the City,
l.3 CITY MANAGER: The "City Manager" shall mean the chief administrative
officer of the City. The City Manager shall be construed to include any duly authorized
designees, including the Project Coordinator and / or Program Manager, and shall serve
as the City's representative to whom administrative requests for approvals shall be made
and who shall issue authorizations (exclusive of those authorizations reserved to the City
Commission) to the Consultant.
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean REQUEST
FOR QUALIFICATIONS No. 02-03/04, and Addendums 1-4 thereto, to provide
architectural, engineering, design, permitting assistance, and construction administration
services needed to plan, design, and construction administration services for the Rotunda
RenovationlRestoration Project, Collins Park, Parking lot, and Adjacent Streetscape
Improvements, issued by the City in contemplation of this Agreement, together with all
amendments thereto, if any, and the Consultant's proposal in response thereto (proposal),
which is incorporated by reference in this Agreement and made a part hereof; provided,
however, that in the event of an express conflict between the Proposal Documents and
this Agreement, this Agreement shall prevaiL
1.5 CONSULTANT: The "Consultant" is herein defined as M.C. Harry and
Associates, Inc., a Florida Corporation having its principal offices at 2780 S.W. Douglas
Rd. Suite 302, Miami, Florida, 33133. When the term "Consultant" is used in this
Agreement it shall be deemed to include any sub-consultants and any other person or
entity acting under the direction or control of Consultant. Any subconsultants retained by
Consultant pursuant to this Agreement and the Project shall be subject to prior written
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
approval of the City. The following subconsultants were included in the Consultant's
Proposal and are hereby approved by the City for the Project:
MechanicallElectrical/Plumbing/Fire Protection Engineering Consultants: SDM
Consulting Engineers, Inc.
Structural Engineers: Bliss and Nyitray, Inc.
Civil Engineers: Consulting Engineering and Sciences, Inc.
Landscape Architect: Laura Llerena Associates, Inc.
Accoustical Consultant: Arts Environments Inc.
1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the
individual appointed by the City Manager who shall be the City's authorized
representative to coordinate, direct, and review on behalf of the City, all matters related
to the Project, except as otherwise provided herein.
1.7 PROGRAM MANAGER: Not applicable.
1.8 BASIC SERVICES: "Basic Services" shall include the architectural, landscape
architectural, and/or engineering and related professional services relative to the Project,
as hereinafter set forth, including: planning, design, permitting assistance, bidding/award,
and construction administration for the Project, as described in Article 2 herein and in
Schedule "A" entitled "Scope of Services", Sections I and 2, attached hereto.
1.9 PROJECT: The "Project" shall mean the City Capital Project named the
"Collins Park / Rotunda / Municipal Parking Facility Project" that has been approved by
the City Commission and as described in Schedule "A" entitled "Scope of Services",
Sections I and 2, attached hereto.
1.9.1 PROJECT COST: The "Project Cost", as established by the City, shall
mean the total cost of the Project to the City including: Construction Cost,
professional compensation, land cost, if any, financing cost, rnaterials testing
services, surveys, contingencies and other rniscellaneous costs.
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COLLINS PARK I ROTUNDA I MUNICIPAL P ARKlNG F ACILlTY PROJECT
1.9.2 PROJECT SCOPE: The "Project Scope" shall mearI the description of
the Project contained in Schedule "A" entitled "Scope of Services", Sections 1
arId 2, attached hereto.
1.10 CONSTRUCTION COST: The "Construction Cost" for the Project shall mearI
the sum which is the total cost or estimated cost to the City of all elements of the Project
designed or specified by the ConsultarIt arId approved by the City, including, at current
market rates (with a reasonable allowarIce for overhead arId profit), the cost of labor arId
materials arId arIY equipment which has been designed, specified, selected or specifically
provided for by the ConsultarIt arId approved by the City, arId including a contingency
allowarIce for unforeseen conditions, not to exceed ten percent (10%) of the construction
cost for new construction, or twenty percent (20%) of construction cost for rehabilitation
of historic buildings, arId not including the compensation of the ConsultarIt arId arIY
subconsultarIts, the cost of larId, rights-of-way, surveys, testing, or other reimbursable
expenses. For Work not constructed, the Construction Cost shall be the same as the
lowest bona fide bid or competitive bid received arId accepted from a responsible bidder
or proposer for arIY arId all of such Work.
1.10.l CONSTRUCTION COST BUDGET: The "Construction Cost
Budget" shall mearI arI amount budgeted by the City for Construction Cost, as
specified in the Project Scope in Schedule "A" entitled "Scope of Services",
Sections 1 arId 2, attached hereto.
1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The
"Statement of Probable Construction Cost" shall rnearI a forecast of Construction
Cost prepared by the ConsultarIt, as defined in attached Schedule "A" entitled
"Scope of Services", for the guidarIce of the City, For Work which bids or
proposals have not been let, the Construction Cost shall be the same as the latest
Statement of Probable Construction Cost. The City shall have the right to verify
the Statement of Probable Construction Cost or detailed cost estimate by the
ConsultarIt.
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1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by
superior or irresistible force occasioned by violence in nature without the interference of
human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar
unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or
regulations, enacted after the date of this Agreement and having a substantial impact on
the Project; other causes beyond the parties' control; or by any other such causes which
the Consultant and the City decide in writing justify the delay; provided, however, that
market conditions, labor conditions, construction industry price trends and similar matters
which normally impact on the bidding process shall not be considered a Force Majeure.
1.12 CONTRACTOR I CONTRACTORS: "Contractor" or "Contractors" shall
mean those persons or entities responsible for performing the Work or providing the
materials, supplies and equipment identified in the bid and Construction Documents for
the Project.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this
Agreement; the Agreement between City and Contractor; Contract for Construction;
Conditions of the Contract for Construction (General Supplementary and other
Conditions); Construction Documents; and addenda issued prior to execution of the
Contract for Construction. A Modification is one of the following: (1) written
amendment to this Agreement or the Contract for Construction signed by both parties; (2)
an approved Change Order; (3) a Construction Change Directive; or (4) a written order
for a minor change in the Work issued by the Consultant.
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean
a legally binding agreement with Contractors.
1.15 CQNSTRUCTION DOCUMENTS: "Construction Documents" shall mean the
final plans, specifications, drawings, documents and diagrams submitted by the
Consultant pursuant to Article 2.2 and approved by the City.
1.16 CONTRACT AMENDMENT: "Contract Amendrnent" shall mean the written
order to the Consultant and / or Contractor approved by the City, as specified in this
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
Agreement, and signed by the City's duly authorized representative, authorizing a change
in the Project or the method and manner of performance thereof, or an adjustment in the
fees and/or completion dates, as applicable. Contract Amendments shall be approved by
the City Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the
City Manager if they are twenty-five thousand dollars ($25,000.00) or less in amount (or
other such amount as may be specified by the City of Miami Beach Procurement
Ordinance, as amended). Even for Contract Amendments for less than twenty-five
thousand ($25,000.00), the City Manager shall retain the right to seek and obtain
concurrence of the City Commission for the approval of any such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services
described in Article 5 herein, which have been duly authorized in writing by the City
Manager prior to commencement of same.
1.18 WORK: "Work" shall mean the work to be performed on the Project by the
Contractor, pursuant to the applicable Construction Documents, whether completed or
partially completed, and includes labor and materials, equipment, and services provided,
or to be provided, by the Contractor to fulfill its obligations.
1.19 SERVICES: "Services" shall mean the services to be performed on the Project
by the Consultant pursuant to this Agreement, whether completed or partially completed,
and includes other labor and materials, equipment and services provided, or to be
provided, by Consultant to fulfill its obligations herein.
1.20 BASE BID: "Base Bid" shall mean the elements contained in the Construction
Documents recommended by the Consultant and approved by the City as being within the
Construction Cost Budget pursuant to the Statement of Probable Construction Cost
provided by Consultant. "Base Bid" shall not include "Additive Alternates" or
"Deductive Alternates".
1.21 SCHEDULES: "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
Schedule A - Schedule "A" entitled "Scope of Services", Sections 1 and 2, attached
hereto.
Schedule B - Consultant Compensation: The schedule of compensation to the Consultant
for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional
Services, as submitted by the Consultant and approved by the City.
Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation
Rates to the Consultant as submitted by the Consultant and approved by the City.
Schedule D - Project Schedule,
1.22 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as
described in Schedule "A" entitled "Scope of Services", Sections 1 and 2, together with
the Basic Services and any Additional Services approved by the City, as described in
. Articles 2 and 5, respectively herein.
ARTICLE 2. BASIC SERVICES
The Consultant shall provide Basic Services for the Project as set forth hereafter. The
Services for this Project will be performed by the Consultant upon receipt of a written
Notice to Proceed issued by the City Manager, or his designee, and Consultant shall
countersign the Notice to Proceed. A separate Notice to Proceed shall be required for
commencement of each Task, as discussed in attached Schedule "A" entitled "Scope of
Services", Sections 1 and 2.
The Consultant's Basic Services shall consist of five Tasks (inclusive of planning, design,
bidding/award, construction administration and additional services) as described in
attached Schedule "A" entitled "Scope of Services", Sections 1 and 2.
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The Consultant shall coordinate with subconsultants and other consultants, and conform
to all applicable building codes and regulations. Consultant, as it relates to its Services,
represents and warrants to the City that it is knowledgeable of codes, rules and
regulations applicable in the jurisdictions in which the Project is located, including, local
ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Statutes,
Administrative rules and regulations including, Federal laws, rules and regulations. The
Consultant agrees to comply with all such laws, codes, rules, and regulations now in
effect, and as may be amended or adopted at any time, and shall further take into account
all known pending changes to the foregoing, of which it should reasonably be aware.
The Consultant shall insert the provisions of all required codes into the Contract
Documents.
The Consultant expressly agrees that all of its duties, services and responsibilities under
this Agreement shall be performed in accordance with the standard of care normally
exercised in the design of projects of this nature in South Florida. In addition, Consultant
represents that it is experienced and fully qualified to perform the Services contemplated
by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules
and regulations to perform such Services. Consultant warrants that it shall be responsible
for the technical accuracy of it Contract Documents,
2.1 PLANNING SERVICES:
Consultant shall perform Planning Services as noted in attached Schedule "A" entitled
"Scope of Services", Sections 1 and 2.
2.2 DESIGN SERVICES:
Based on the approved Planning documents developed under Article 2.5, Consultant shall
prepare Design Documents, as noted in attached Schedule "A" entitled "Scope of
Services", Sections 1 and 2.
2.3 BIDDING AND AWARD SERVICES:
Consultant shall provide bidding and award services as noted in attached Schedule "A"
entitled "Scope of Services", Sections 1 and 2.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
2.4 CONSTRUCTION ADMINISTRATION SERVICES:
Consultant shall furnish construction administration services as noted III attached
Schedule "A" entitled "Scope of Services", Sections 1 and 2.
2.5 ADDITIONAL SERVICES:
Consultant shall provide Additional Services as noted in attached Schedule "A" entitled
"Scope of Services", Sections 1 and 2.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City
shall not constitute nor be deemed a release of the responsibility and liability of the
Consultant, its employees, subcontractors, agents and consultants for the accuracy and
competency of their designs, working drawings, specifications or other documents and
services; nor shall such approval be deemed to be an assumption of such responsibility by
the City for a defect, error or omission in designs, working drawings, specifications or
other documents prepared by the Consultant, its employees, subcontractors, agents and
consultants. However, the Consultant shall be entitled to reasonably rely upon the
accuracy and validity of written decisions and approvals furnished by the City and its
employees.
2.7 TIME: It is understood that time is of the essence in the completion of
this Project, and in this respect the parties agree as follows:
2.7.1 The Consultant shall perform the Services as expeditiously as is consistent with the
standard of professional skill and care required by this Agreement and the orderly
progress ofthe Work.
2.7.2 The parties agree that the Consultant's Services during all phases of this Project will
be performed in a manner that shall conform with the approved Project Schedule, which
is attached to this Agreernent as Schedule "D". The Consultant rnay submit requests for
an adjustment to the Project Schedule, made necessary by undue time taken by the City to
approve the Consultant's submissions, and/or excessive time taken by the City to approve
the Services or parts of the Services. The City shall not unreasonably refuse to approve
such adjustrnent(s) to the Project Schedule if the request is made in a timely manner and
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COLLINS PARK I ROTIJNDA I MUNICIPAL PARKING FACILITY PROJECT
is fully justified.
2.7.3 In providing the Services described in this Agreernent, the Consultant shall use its
best efforts to maintain, on behalf of the City, a constructive, professional, cooperative
working relationship with the Project Coordinator, and others that have been contracted
to perform Services and / or Work pertaining to the Project. While the Services to be
provided by Consultant under this Agreement will be provided under the general
direction of the Project Coordinator, it is the intent of this Agreement to allow the
Consultant to coordinate the performance of all design and construction administration to
the extent such coordination by the Consultant is permitted by the contracts for the design
and construction administration.
2.7.4 It is further the intent of this Agreement that the Consultant shall perform its duties
under this Agreement in a competent, timely and professional manner and that it shall be
responsible to the City for any failure in its performance except to the extent that acts or
omissions by the City or others make such performance impossible.
2.7.5 Whenever during the term of this Agreement, others are required to verify, review,
or consider any work performed by Consultant, including but not limited to the design
professionals, Contractors, and other consultants retained by the City, the intent of such
requirement is to enable the Consultant to receive input from others' professional
expertise to identify any discrepancies, errors or omissions that are inconsistent with
industry standards for design or construction of comparable public projects; or which are
inconsistent with applicable laws, codes, ordinances, and regulations; or which are
inconsistent with standards or decisions provided in writing by the Project Coordinator.
Consultant will use reasonable care and skill in accordance with and consistent with
customary professional standards in responding to items identified as discrepancies,
errors and omissions by others. Consultant shall receive comments from reviewers via a
set of rnarked-up drawings and specifications. Consultant shall address comments
forwarded to it in a timely manner. The term "timely" shall be construed to mean as soon
as possible under the circumstances, taking into account the requirements of the Project
Schedule.
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2.7.6.The City shall have the right at any time, and in its sole and absolute discretion, to
submit for review to consulting engineers or consulting architects or other consultants,
engaged by the City at its own expense for that purpose, any or all parts of the services
performed by the Consultant, and the Consultant shall cooperate fully in such review at
the City's request.
2.7.7 Consultant agrees to certify and warrant all estimates of Construction Cost prepared
by Consultant. Said certifications shall be in a form approved by the City.
2.7.8 Consultant represents to City that all evaluations of the City's Project Budget,
Consultant generated Statement of Probable Construction Cost, and detailed estimates
represent Consultant's best judgement as a design professional familiar with the
construction industry. Consultant cannot and does not guarantee that bids or negotiated
prices will not vary from any estimate of Construction Cost or evaluation prepared or
agreed to by Consultant.
2.7.9 Consultant agrees that, when the Services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certification of
authorization, or other form of legal entitlement to practice such services, it shall employ
and/or retain only qualified personnel to provide such services.
2.7.10 Consultant agrees to employ and designate in writing, within five (5) calendar
days after receiving its initial Notice to Proceed, a qualified licensed professional to serve
as the Consultant's project manager (herein after referred to as "Project Manager"). The
Project Manager shall be authorized and responsible to act on behalf of Consultant with
respect to directing, coordinating and administrating all aspects of Services to be
provided and performed under this Agreement. The person selected by Consultant to
serve as Project Manager shall be subject to approval and acceptance by City.
Replacement (including reassignment) of said Project Manager shall not be rnade without
the prior written approval of the City. Consultant further agrees to obtain a binding
agreement with its Project Manager providing a minimurn of six (6) rnonths notice before
assuming a different position, said notice waivable by the City at its discretion.
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COLLINS PARK/ ROTUNDA / MUNICIPAL PARKING FACILITY PROJECT
2.7.11 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
to do such from City, to promptly remove and replace Project Manager, or any other
personnel employed or retained by Consultant, or any subconsultant or subcontractors
engaged by Consultant, which request may be made by City with cause~
2.7.12 Consultant herein represents to City that it has expertise in the type of professional
services that will be performed and pursuant to this Agreement. Consultant agrees that all
Services to be provided by Consultant pursuant to this Agreement shall be subject to
City's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with
applicable published laws, statutes, ordinances, codes, rules, regulations and requirements
of any governmental agencies having jurisdiction over the Project or the Services to be
performed by Consultant hereunder. In the event of any conflicts in these requirements,
Consultant shall notify City of such conflict and utilize its best professional judgement to
advise City regarding resolution of each such conflict.
2.7.13 Consultant agrees not to divulge, furnish or make available to any third person,
firm or organization, without City's prior written consent, or unless incident to the proper
performance of Consultant's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-
public information concerning Services to be rendered by Consultant hereunder, and
Consultant shall require its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph.
2.7.14 The City and Consultant acknowledge that the Scope of Services does not
delineate every detail and minor work task required to be performed by Consultant to
complete the Project. If, during the course of the performance of the Services
contemplated in this Agreement, Consultant determines that work should be performed to
cornplete the Project which is, in the Consultant's opinion, outside the level of effort
originally anticipated, whether or not the Scope of Services identifies the work items,
Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain
said Project Coordinator's written consent, before proceeding with the work. The Project
Coordinator must comply with Contract Amendrnent processing requirernents as outlined
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COLLINS PARK! ROTUNDA! MUNICIPAL PARKING FACILITY PROJECT
in Article l.16, prior to issuance of any written authorization to proceed with Additional
Services to Consultant. If Consultant proceeds with additional Services without notifying
and obtaining the consent of the Project Coordinator, said work shall be deemed to be
within the original level of effort, and deemed included as a Basic Service herein,
whether or not specifically addressed in the- Scope of Services. Notice to the Project
Coordinator does not constitute authorization or approval by the City to perform the
work. Performance of work by Consultant outside the originally anticipated level of
effort without the prior written consent of the City shall be at Consultant's sole risk.
2.7.15 Consultant shall establish, maintain and categorize in accordance with City CIP
central filing system, files of documents, letters, reports, prepare and take minutes of
every meeting, plans, etc. pertinent to the Project. Consultant shall provide City with a
copy of applicable Project correspondence for City to file in its filing system. In addition,
Consultant shall provide electronic Project document files to the City, at the completion
of the Project.
2.7.16 It is further the intent of this Agreement that the Consultant shall perform its duties
under this Agreement in a competent, timely and professional manner and that it shall be
responsible to the City for any failure in its performance except to the extent that acts or
omissions by the City or others make such performance impossible.
2.7.17 In the event Consultant is unable to timely complete the Project because of delays
resulting from untimely review by City or other governmental authorities having
jurisdiction over the Project or such delays which are caused by factors outside the
control of Consultant, Consultant shall provide City with immediate written notice stating
the reason for such delay and a revised anticipated schedule of completion. City, upon
review of Consultant's submittal and such other documentation as the City may require,
may grant a reasonable extension of time for completion of the Project and may provide
reasonable compensation, if appropriate.
2.7.18 The Consultant covenants with the City to furnish its Services hereunder properly,
in accordance with the standards of its profession and in conformance with applicable
construction, building and health codes and other applicable Federal, State and local
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
rules, regulations and laws, of which it should reasonably be aware, throughout the term
of this Agreement. The City's participation in the design and construction of the Project
in no way relieves the Consultant of its professional duties and responsibilities under
applicable law and under the Contract Documents
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Coordinator to act as the City's
representative with respect to services to be rendered under this Agreement (herein after
referred to as Project Coordinator). The Project Coordinator shall have authority to
transmit instructions, receive information, interpret and define City policies and decisions
with respect to Consultant's Services on this Project. However, the Project Coordinator is
not authorized to issue any verbal or written orders or instructions to Consultant that
would have the effect, or be interpreted to have the effect, of modifying or changing in
any way whatsoever, unless approved by the City Manager and/or City Commission in
compliance with Article l.16 requirements, including but not limited to the following:
a) The Scope of Services to be provided and performed by Consultant hereunder;
b) The time the Consultant is obligated to commence and complete all such
Services; or
c) The amount of compensation the City is obligated or committed to pay
Consultant.
3.2 The City shall assist Consultant by placing at Consultant's disposal all
information City has available pertinent to the Project, including previous reports and any
other data relative to design or construction of the Project. It shall be fully understood
that City, in making such reports, site information, and documents available to the
Consultant is in no way certifying, representing and/or warranting as to the accuracy or
completeness of such data including, but not limited to, any information provided in the
Proposal and backup documentation thereto. Any conclusions or assumptions drawn
through examination thereof shall be the sole responsibility of the Consultant and subject
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to whatever measure it deems necessary to final verification essential to its performance
under this Agreement. Additional Services required due to inaccurate, incomplete or
incorrect information supplied by the City may be undertaken by the Consultant as an
Additional Service to this Agreement. Consultant shall notify the Project Coordinator, in
writing, in a timely manner and obtain said Project Coordinator's written consent, before
proceeding with the work. If Consultant proceeds with the Additional Services without
notifying and obtaining the consent of the Project Coordinator, said work shall be deemed
to be within the original level of effort and deemed included as a Basic Service herein.
3.3 The City has established a Construction Cost Budget for the Project, as stated in
Schedule A.
3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance
counseling services as may be required at any time for the Project, including such
auditing services as the City may require to verify the Consultant's applications for
payment or to ascertain that Consultant has properly remitted payment due to sub
consultants or vendors working on this Project for which Consultant has received
payment from the City.
3.5 If the City observes or otherwise becomes aware of any fault or defect in the
Project or non-conformance with the Contract Documents, the City shall give prompt
written notice thereofto the Consultant.
3.6 The City shall furnish required information and services and render approvals and
decisions in writing as reasonably expeditious as necessary for the orderly progress of the
Consultant's Services and of the Work. No approvals required by the City during the
various phases of the Project shall be unreasonably delayed or withheld; provided that the
City shall at all times have the right to approve or reject any proposed submissions of
Consultant for any reasonable basis.
3.7 The City Commission shall be the final authority to do or to approve the
following actions or conduct by passage of an enabling resolution or amendment to this
Agreement.
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3.7.1 The City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreernent, except when noted
otherwise (i.e., where delegated to the City Manager or his designee) in this
Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or
approve any assignment, sale, transfer or subletting of this Agreement or any
interest therein and any subcontracts made pursuant to this Agreement.
Assignment and transfer shall be defined to include sale of the majority of the
stock of a corporate Consultant.
3.7.3 All required City Commission approvals and authorizations shall be
expressed by passage of an appropriate enabling resolution and, if an amendment,
by the execution of an appropriate amendment to this Agreement.
3.7.4 The City Commission shall hear appeals from the administrative decision
of the City Manager's appointed designee(s), upon the Consultant's written
request, in which case the Commission's decision shall be final.
3.7.5 The City Commission shall approve or consider all Contract Amendments
that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such
amount as may be specified by the City of Miami Beach Procurement Ordinance,
as amended).
3.8 The City Manager or his designee(s) shall serve as the City's representative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant. These authorizations shall include, without lirnitation: reviewing, approving,
or otherwise commenting upon the schedules, plans, reports, estimates, contracts and
other documents subrnitted to the City by the Consultant.
3.8.1 The City Manager shall decide, in his professional discretion, matters
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arising pursuant to this Agreement which are not otherwise expressly provided for
in this Agreement, and shall attempt to render administrative decisions promptly
to avoid unreasonable delay in the progress of the Consultant's Services. The City
Manager, in his administrative discretion, may consult with the City Commission
concerning disputes or matters arising under this Agreement regardless of whether
such matters or disputes are enumerated herein.
3.8.2 The City Manager shall be authorized, but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the
Consultant, provided, however, that the Consultant's compensation or other
budgets established by this Agreement cannot be increased.
3.8.3 The City Manager, or his designee, shall be the sole representative of the
City authorized to issue a Notice to Proceed, as referenced in Section 2.2 and
attached Schedule "A", entitled "Scope of Services", Sections 1 and 2.
3.8.4 The City Manager may approve Contract Amendments which do not
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such
amount as rnay be specified by the City of Miami Beach Purchasing Ordinance, as
amended) and which do not increase any of the budgets established herein.
3.8.5 The City Manager may, in his sole discretion, form a committee or
committees, or inquire of or consult with persons for the purpose of receiving
advice and recommendations relating to the exercise of his powers, duties and
responsibilities under this Agreement.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The Construction Cost Budget, as established by the City and stated in Schedule
"A", shall not be exceeded without fully justifiable, extraordinary and unforeseen
circumstances, such as Force Majeure, which is beyond the control of the parties. Any
expenditure above this arnount shall be subject to prior City approval by passage of an
enabling resolution and amendments to the appropriate agreements relative to the Project,
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prior to any modification of the Construction Cost. Provided further, however, that even
in the event of a Force Majeure, as defined in Article 1.11, the City shall have no
obligation to approve an increase in the Construction Cost Budget limitations established
herein and, if such Budget is exceeded, the City Commission may, at its sole option and
discretion, terminate this Agreement without any further liability to the City.
4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more
than five percent (5%), the City Commission shall, at its sole discretion, have any of the
following options: (1) give written approval of an increase in the Construction Cost
Budget; (2) rej ect all bids or proposals, authorize rebidding, or (if permissible) authorize
a renegotiation of the Project within a reasonable time; (3) abandon the Project and
terminate the Consultant's Services for the Project covered by this Agreement without
further liability to the City; (4) select as many Deductive Alternatives as may be
necessary to bring the award within the Construction Cost Budget; or (5) cooperate with
the Consultant in reducing the Project scope, construction schedule, and sequence of
Work, as may be required to reduce the Construction Cost Budget. In the event the City
elects to reduce the Project Scope, the Consultant shall provide such revisions to the
Construction Documents, and provide rebidding services, as many times as reasonably
requested by the City, as a Basic Service, with no additional cost to the City, in order to
bring the bids within five percent (5%) ofthe Construction Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services for this Project will only be performed by the Consultant
following receipt of a written authorization by the Project Coordinator prior to
commencement of same. Such authorization shall contain a description of the Additional
Services required; an hourly fee and or lump sum, as provided in Schedule "C" with an
"Not to Exceed" amount on additional Reimbursable Expenses (if any); the amended
Construction Cost Budget (if applicable); and an amended completion date for the Project
(if any). "Not to Exceed" shall mean the rnaxirnum cumulative hourly fees allowable,
which the Consultant shall not exceed without specific written authorization from the
City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services
requested by the City and all costs applied to such shall be verifiable through tirne sheet
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and reimbursable expense reviews.
5.2 The term "Additional Services" includes services involving the Consultant or any
subconsultants whether previously retained for the Services or not or whether
participating as members with Consultant or not, subject to the City's right to previously
approve any change in Consultants as set forth in this Agreement.
5.3 Additional Services may consist of the following:
5.3.1 Serving as an expert witness III connection with any public hearing,
arbitration proceeding or legal proceeding unless such preparation has arisen from
the failure of the Consultant to meet the Standard of Care set forth in Article 2.
5.3.2 Preparing documents for Change Orders, or supplemental Work, initiated
at the City's request and outside the scope of the Work specified in the
Construction Documents, after commencement of the Construction Phase.
5.3.3 Providing such other professional servIces to the City relative to the
Project which arises from subsequent circumstances and causes (excluding
circumstances and causes resulting from error, inadvertence or omission of the
Consultant) which do not currently exist or which are not contemplated by the
parties at the time of execution of this Agreement.
5.3.4 Assistance in connection with bid protests, rebidding or renegotiating
contracts for construction, materials, equipment or services, except as otherwise
expressly provided for herein. To the extent Consultant's services are required in
the event of a bid protest, due to a direct action or lack thereof by Consultant,
Consultant shall participate in such activities at no additional cost to City.
ARTICLE 6. REIMBURSABLE EXPENSES
6.l Reimbursable Expenses are in addition to the compensation for Basic and
Additional Services and include actual expenditures made by the Consultant in the
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interest of the Project. All Reimbursable Expenses pursuant to this Article, in excess of
$500, must be authorized in advance in writing by the Project Coordinator. Invoices or
vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City,
along with supporting receipts, and other back-up material reasonably requested by the
City, and Consultant shall certify as to each such invoice that the amounts and items
claimed as reimbursable are "true and correct and in accordance with the Agreement".
6.2 Expenses subject to reimbursement in accordance with the above procedures may
include the following:
6.2.1 The cost of testing or investigation of underground utilities, if authorized
by the Project Coordinator.
6.2.2 Expense of reproduction, postage and handling of drawings, specifications
and other documents, excluding reproductions for the office use of the
Consultant and sub-consultants. Courier and postage between the
Consultant and its sub-consultants are not reimbursable.
6.2.3 Expenses for reproduction and the preparation of special graphics for
community workshops
6.2.4 Permit fees for all necessary City of Miami Beach agencIes having
jurisdiction over this project shall be waived by the City. Other permit fees
shall be paid by the City.
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 This Agreement is a Lump Sum Agreement. The Consultant shall be compensated
at a Lump Sum not to exceed fee as listed in Schedule "B" for Basic Services, which for
invoicing and tracking purposes, is based on the "Hourly Rate Schedule" presented in
Schedule "C". Payments for Basic Services shall be rnade within forty-five (45) calendar
days of receipt and approval of an acceptable invoice by the Project Coordinator. Note
that Payments shall be made in proportion to the Services satisfactorily performed in each
Phase so that the payments for Basic Services for each Phase shall not exceed the
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progress percentage noted in the Consultant's Progress Schedule, submitted with each
invoice. No markup shall be allowed on subcontracted Basic Services.
7.2 Additional Services authorized in accord with Article 5 will be compensated
using the hourly rates forth in Schedule "C". Request for payment of Additional Services
shall be included with the monthly Basic Services payment request noted in Article 7.1
above. All Additional Services must be approved by the Project Coordinator prior to
commencement of same as noted in Article 5. Under no circumstances shall the "Not to
Exceed" amount noted in Schedule "B" be exceeded without prior written approval from
the Project Coordinator. No markup shall be allowed on subcontracted Additional
Services.
7.3 Reimbursable Expenses, as defined in Article 6, shall be paid up to the "Not to
Exceed" amount noted in Schedule "B". Request for payment of Reimbursable Expenses
shall be included with the monthly Basic Services payment request noted in Article 7.
Proper backup must be submitted with all reimbursable requests. No markup or
administrative charges shall be allowed on Reimbursable Expenses.
7.4 The City and the Consultant agree in accordance with the terms and conditions of
this Agreement that:
7.4.1 If the scope of the Project or the Consultant's Services is changed
substantially and materially, the amount of compensation may be equitably
adjusted by mutual agreement of the parties.
7.4.2 Commencing on October 1, 2004, the Hourly Billing Rate Schedule
shown in Exhibit "c" may be adjusted annually based upon the Miami - Fort
Lauderdale Consumer Price Index issued by the U.S. Department of Labor,
Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying
the ratio of the April index divided by the previous year's index by the Hourly
Rate Schedule to define the new Hourly Rate Schedule. The maxirnum increase
will be limited to three percent (3%).
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7.5 No retainage shall be made from the Consultant's compensation on account of
sums withheld from payments to Contractors.
7.6 Method of Billing and Payment. With respect to all Services, Consultant shall
submit billings on a monthly basis in a timely manner. These billings shall identify the
nature of the work performed; the total hours of work performed by employee category
and the respective hourly billing rate associated with the employee category from the
Hourly Rate Schedule as per Lump Sum Contract. In the event subconsultant work is
accomplished utilizing the lump sum method, the percentage of completion shall be
identified. Billings shall also itemize and summarize Reimbursable Expenses by
category. Where written approval of the City is required for Reimbursable Expenses, a
copy of said approval shall accompany the billing for such Reimbursable. When
requested, Consultant shall provide backup for past and current invoices that records
hours for all Services by employee category and reimbursable by category.
7.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of
Consultant's proper statement.
7.8 Final payment of the Consultant upon Project completion must be approved by
the Mayor and City Commission.
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
8.1 Consultant shall keep such records and accounts and reqUIre any and all
Consultant and subconsultants to keep such records and accounts as may be necessary in
order to record complete and correct entries as to personnel hours charged to the Project,
and any expenses for which Consultant expects to be reimbursed. All books and records
relative to the Project will be available at all reasonable times for examination and audit
by City and shall be kept for a period ofthree (3) years after the completion of all work to
be performed pursuant to this Agreement. Incomplete or incorrect entries in such books
and records will be grounds for City's disallowance of any fees or expenses based upon
such entries. All books and records which are considered public records shall, pursuant
to Chapter 1l9, Florida Statutes, be kept by Consultant in accordance with such statutes.
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ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
9.1 Electronic files of all documents, including, but not limited to, tracings, drawings,
estimates, specifications, investigations and studies completed or partially completed,
shall become the property of the City upon completion, termination, or abandonment of
the Project. Consultant shall deliver the above documents to the City within thirty (30)
days of completion of the Project, or termination of this Agreement, or termination or
abandonment of the Project. (Reference attached Schedule "A", entitled "Scope of
Services", Sections 1 and 2, for additional requirements).
9.2 Any re-use of documents by City without written verification or adaptation by
Consultant for the specific purpose intended will be without liability to Consultant.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination For Lack Of Funds. The City is a governmental entity and is subject
to the appropriation of funds by its legislative body in an amount sufficient to allow
continuation of its performance in accordance with the terms and conditions of this
Agreement. In the event there is a lack of adequate funding for the Project, the Project
may be abandoned or terminated, and the City may cancel this Agreement as provided for
herein without further liability to the City.
10.2 Termination For Cause. The City rnay terminate this Agreement for cause in the
event that the Consultant (1) violates any provisions of this Agreement or performs same
in bad faith or (2) unreasonably delays the performance of the Services or does not
perform the Services in a timely and satisfactory manner, upon written notice to the
Consultant. In the case of termination by the City for cause, the Consultant shall be first
granted a thirty (30) day cure period after receipt of written notice frorn the City.
10.2.1 In the event this Agreement is terminated by the City for cause, the City,
at its sole option and discretion, may take over the Services and cornplete thern by
contracting with another consultant(s) or otherwise. In such event, the Consultant
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shall be liable to the City for any additional cost incurred by the City due to such
termination. "Additional Cost" is defined as the difference between the actual
cost of completion (per original contract) of such incornplete Services, and the
cost of completion of such Services which would have resulted from payments to
the Consultant hereunder had the Agreement not been terminated.
10.2.2 Payment only for Services satisfactorily performed by the Consultant and
accepted by the City prior to receipt of a Notice of Termination, shall be made in
accordance with Article 7 herein and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 7.
10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall
prornptly assemble and submit to the City, as provided herein or as required in the
written notice, all documents, including drawings, calculations, specifications,
correspondence, and all other relevant materials affected by such termination.
10.2.4 In the event of a termination for cause, no payments to the Consultant
shall be made (1) for Services not satisfactorily performed and (2) for assembly of
submittal of documents, as provided above.
10.3 Termination For Convenience. The City, in addition to the rights and options to
Terminate for Cause, as set forth herein, or any other provisions set forth in this
Agreernent, retains the right to terminate this Agreement, at its sole option, at any time,
for convenience, without cause and without penalty, when in its sole discretion it deems
such termination is in the best interest of the City, upon notice to Consultant in writing
fourteen (14) days prior to termination. In the event City terminates Consultant's
services for its convenience, as provided herein, Consultant shall be compensated for all
Services rendered up to the time of receipt of said written termination notice, and for the
assernbly and submittal to the City of documents for the Services performed, in
accordance with Article 7 herein, and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 7.
10.4 Termination By Consultant. The Consultant may only terminate this Agreernent
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for cause in the event that the City willfully violates any provisions of this Agreement or
unreasonably delays payment for the Services, upon written notice to the City, thirty (30)
days prior to termination. In that event, payment for Services satisfactorily performed by
the Consultant and accepted by the City prior to receipt of a Notice of Termination shall
be made in accordance with Article 7 herein. In the case of termination by Consultant for
cause, the City shall be granted a thirty (30) day cure period after receipt of written notice
from the Consultant.
10.4.l The Consultant shall have no right to terminate this Agreement for
convenience ofthe Consultant.
10.5 Implementation Of Termination. In the event of termination, either for cause
or for convenience, the Consultant, upon receipt of the Notice of Termination, shall (1)
stop the performance of Services under this Agreement on the date and to the extent
specified in the Notice of Termination; (2) place no further orders or subcontracts except
for any that may be authorized, in writing, by the Project Coordinator, prior to their
occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the
performance of the Services terminated by the Notice of Termination; (4) promptly
assemble and submit, as provided herein, all documents for the Services performed,
including drawings, calculations, specifications, correspondence, and all other relevant
materials affected by the termination; and (5) complete performance of any Services as
shall not have been terminated by the Notice Of Termination, And As Specifically Set
Forth Therein.
10.6 Non Solicitation. . The Consultant warrants that it has not employed or
retained any company or person, other than an employee working solely for the
Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay
any company or other person any fee, commission, gift or other consideration contingent
upon the execution of this Agreernent. For breach or violation of this warranty, the City
has the right to terminate this Agreement without liability to the Consultant for any
reason whatsoever.
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ARTICLE 11. INSURANCE
11.1 The Consultant shall comply throughout the term of this Agreement with the
insurance requirements stipulated herein. It is agreed by the parties that the Consultant
shall not commence with work on this Project until satisfactory proof of the following
insurance coverage has been furnished to the City. The Consultant will maintain in effect
the following insurance coverage:
(a) Professional Liability Insurance in the amount of One Million
($1,000,000.00) Dollars per occurrence, with a maximum deductible of $150,000
per occurrence, $450,000 aggregate. Consultant shall notify City in writing within
thirty (30) days of any claims filed or made against the Professional Liability
Insurance Policy.
(b) Comprehensive General Liability Insurance m the amount of
$1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for
each occurrence, which will include products, completed operations, and
contractual liability coverage. The City must be named as an additional insured
on this policy.
(c) Worker's compensation and employer's liability coverage within the
statutory limits of the State of Florida.
11.2 The Consultant must give thirty (30) days prior written notice of cancellation or
of substantial modifications in the insurance coverage to the Project Coordinator.
11.3 The insurance must be furnished by an insurance company rated B+: VI or better,
or its equivalent, according to Bests' Guide Rating Book and must additionally be
furnished by insurance companies duly authorized to do business in the State of Florida
and countersigned by the company's Florida resident agent.
11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all
insurance policies required above. City reserves the right to require a certified copy of
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such policies upon request. All certificates and endorsements required herein shall state
that the City shall be given thirty (30) days notice prior to expiration or cancellation of
the policy.
ARTICLE 12. INDEMNIFICATION
12.1 Consultant herein agrees to indemnify and hold harmless the City, and its officers
and employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Consultant and other persons employed or utilized
by the Consultant in the performance of the Agreement. This Article 12, and Consultant's
indemnification contained herein, shall survive the termination and expiration of the
Agreement.
ARTICLE 13. VENUE
13.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein. Exclusive venue for the enforcement of same shall lie in
Miami-Dade County, Florida.
This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
ARTICLE 14. LIMITATION OF LIABILITY
14.1 The City desires to enter into this Agreement only if in so doing the City can
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place a limit on City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the amount of the fees for Services agreed upon under the terms of the
Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby
expresses its willingness to enter into this Agreement with Consultant's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of
the fee for Services agreed upon under the terms of the Agreement, less the amount of all
funds actually paid by the City to the Consultant
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to Consultant for money
damages due to an alleged breach by the City of this Agreement in an amount in excess
of the amount of fee under any this Agreement, which amount shall be reduced by the
amount actually paid by the City to Consultant for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed
upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in
this Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Section 768.28, Florida Statutes.
ARTICLE 15. MISCELLANEOUS PROVISIONS
15.1 The laws ofthe State of Florida shall govern this Agreement.
15.2 Equal Opportunity Employment Goals: Consultant agrees that it will not
discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin, disability or sexual
orientation and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to sexual orientation, race,
color, religion, sex, age, national origin, or disability. This provision shall include, but
not be limited to, the following: employment upgrading, demotion or transfer;
recruitment advertising, layoff or compensation; and selection for training, including
apprenticeships. Consultant agrees to furnish City with a copy of its Affirmative Action
Policy.
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15.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act
(Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has
been placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the City, may not
submit a bid on a contract with the City for the construction or repair of a public building
or public work, may not bids or leases of real property to the City, may not be awarded or
perform work as a contractor, supplier, subcontractor, or subconsultant under a contract
with the City, and may not transact business with the City in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for Category Two for a period of
36 months from the date of being placed on the convicted vendor list. Violation of this
Section by Consultant shall result in cancellation and may result in Consultants
debarment.
15.4 No Contingent Fee: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee working solely
for Consultant any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision, City shall have the right to terminate the Agreement without
liability at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
15.5 The Consultant represents that it has made and will make reasonable
investigation of all subconsultants to be utilized in the performance of work under this
Agreement to determine that they possess the skill, knowledge and experience necessary
to enable them to perform the services required. Nothing in this Agreement shall relieve
the Consultant of its prime and sole responsibility for the performance of the work under
this Agreement.
15.6 The Consultant, its consultants, agents and employees and sub contractors, shall
comply with all applicable Federal, State and County laws, the Charter, related laws and
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ordinances of the City of Miami Beach, and with all applicable rules and regulations
promulgated by local, state and national boards, bureaus and agencies as they relate to
this Proj ect.
15.7 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered by Consultant, under any circumstances, without the prior written
consent of City.
15.8 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein;
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written. It is further agreed
that no modification, amendment or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
ARTICLE 16. NOTICE
16.1 All written notices given to City by Consultant shall be addressed to:
City Manager's Office
c/o Assistant City Manager Robert Middaugh
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
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With a copy to:
Tim Hemstreet
Capital Improvement Projects Director
Capital Improvement Project Office
City of Miami Beach
1701 Meridian Avenue, Suite 201
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
Thomas M. Carlson, AIA
M.C. Harry and Associates, Inc.
2780 S.W. Douglas Road
Suite 302
Miami, Florida 33133
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their
respective witnesses and City Clerk on the day and year first hereinabove written.
Attest
_~MX k~
CITY CLERK
Attest
Secretary
CONSULTANT
M.C HARRY AND ASSOCIATES, INC.
Print Name
APPROVED AS 10
FORM & LANGUAGe
.. FOR EXECUTION
.\..0. . I ~ -0,+
DatI
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
SCHEDULE A - SECTION 1
SCOPE OF AlE CONSULTANT SERVICES
This Project Scope Section 1 is limited to Collins Park, Parking Lot and adjacent
Streetscape Improvements. This scope of services refers to CONSULTANT planning
(Task 1), design (Task 2), permitting assistance, bidding (Task 3) and construction
administration (Task 4) services, Additional Services (Task 5) and Reimbursables (Task
6) as identified below:
Collins Park is bounded to the north by 22nd Street, to the west by Park Avenue, to the
South by 21nd Street, and to the east by the Beach. For the purposes of this Scope, that
portion of Collins Park east of the State of Florida's Collins Avenue Right-of-Way shall
be called the "2151 Street Parking Lot" or "Parking Lot."
The neighborhood supports low and high-density residential, commercial, institutional
and recreational uses. The Project consists of improvements to the Park, surrounding
Streetscape areas, which includes those City of Miami Beach right of ways that are
adjacent to, or which border directly on Collins Park, as delineated in Attachment "A".
Improvements shall include, but are not limited to, the following:
1. Collins Park:
. Renovation of existing Park, including landscaping, irrigation, lighting, hardscape,
including but not limited to, curbs, sidewalks, drainage, ADA ramps, and street furniture,
as described in the Collins Park Master Plan originally prepared by the architectural firm
of Robert A.M. Stern, dated October 10, 2000 (the Collins Park Master Plan).
. Design must be coordinated with design documents for the installation of
proposed Art-In-Public Places opportunities;
. Design must include considerations of existing facilities (Bass Museum,
and Rotunda), as well as existing facilities (Library) scheduled for demolition.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
Please note that the Rotunda RenovationlRestoration is also a part of this
Scope of Services.
2. 21st Street Parking Lot:
. Renovation of existing parking lot. This work will include new landscaping,
irrigation, lighting, and proposed hardscape improvements, including but not
limited to, curbs, sidewalks, drainage and ADA ramps.
. Design may include a transition area and other item features between Parking Lot
and existing beach.
3. Streetscape:
. Renovation of existing streetscape, including replacement of existing sidewalks,
lighting, irrigation, landscaping, street paving, street furniture, drainage and
waterline improvements. Streetscape improvements should compliment and be
consistent with the surrounding area improvements and the Collins Park Master
Plan.
4. Rotunda Renovation:
. See Section 2
A general site layout is attached as Exhibit "A" (Collins Park Cultural Area and
Vicinity), dated August 11,2004, delineating the work limits for the above listed
elements.
Total preliminary costs, including soft costs, permitting, testing, contingency and
construction, budgeted for this Project are approximately $2.642.274 for the Park.
$585.629 for the Parking Lot, $3.079.428 for the Streetscape, and $1.357.237 for the
Rotunda Renovation. The total construction costs associated with the Project are funded
primarily from 1999 General Obligation Bonds, City Center Redevelopment Agency Tax
Increment Funds, and Parking Enterprise Funds.
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COLLINS P ARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
TASK 1 -PLANNING SERVICES
The purpose of this Task is to re-affirm the consensus design concept for the referenced
Project that has been previously captured in the Collins Park Master Plan. Selected and
recommended improvements should meet the City's budgetary parameters. Note that
Tasks 1.1 through 1.4 are intended to develop a database of information and preparation
for the performance of a Community Design Workshop. One Community Design
Workshop shall be conducted as discussed in Task 1.5. Based on the results of the
Community Design Workshop, a draft Basis of Design Report shall be developed as
noted in Task 1.6. Subsequent Historic Preservation Board and City Commission
presentations and approvals shall be as noted in Task 1.7. A final Basis of Design Report
shall then be prepared summarizing the accepted design concept, budget level cost
estimate and implementation schedule as noted in Task 1.8. To facilitate the
implementation of a Public Information Program, CONSULTANT shall provide
electronic files of all Project documents, as requested by CITY, and specified in the
City's Design Standards Manual.
Task 1.1 - Proiect Kick-Off Meetin2: CONSULTANT shall meet with CITY to review
existing planning documents and receive copies of available reference documents. CITY
shall present general discussions as to Project procedures and direction. Based on this
meeting, CONSULTANT will schedule a reconnaissance visit of the Project site(s).
Schedule:
- Attend Project Kick-Off Meeting.
- Consultant will set up Meeting and hold Meeting within 7
calendar days of receiving Task 1 Planning Services Phase Notice-
to-Proceed from City.
Deliverables:
Task 1.2 - Proiect Site Reconnaissance Visit and Development of Desi2n Concept
Alternatives: CONSULTANT shall attend a reconnaissance site visit. The site visit will
be attended by CITY staff. This will facilitate CONSULTANT's understanding of the
Project needs.
Based on the results of the site visit, CONSULTANT shall assemble a minimum ofthree
reference images identifying alternative design concepts that the project may follow. At
least two of the reference images shall present proposed improvements possible under
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COLLINS PARK I ROTIJNDA I MUNICIPAL PARKING FACILITY PROJECT
current budget limitations. The other image(s) shall reflect additional levels of potential
improvements that may be possible should additional funding become available. In
addition, CONSULTANT shall prepare preliminary "budget" level cost estimates (+30%,
-15% as defined by the American Association of Cost Engineers) for each alternative
treatment indicating opinions of probable cost. Estimates shall present costs by category
types (i.e. paving, lighting, landscaping, etc.), should contain unit pricing for each
category, and shall be prepared in a Microsoft Excel Spreadsheet format.
The CITY has performed certain planning efforts that identified potential locations and
types of improvements anticipated.
Deliverables:
- Attend reconnaissance Project site visit
- Develop update design concept based on Collins Park Master
Plan and one design alternative
- Develop "budget" level cost estimates for each concept
Schedule:
- Project site reconnaissance visit to be schedule and held by
Consultant within 15 calendar days of completion of Task 1.1
servIces.
Task 1.3 - Attend "Visioninl!" Session: After conducting the Project site visit and
developing said design concept(s) and cost estimates, CONSULTANT shall attend a half-
day "Visioning" session to be scheduled with representatives of CITY and
CONSULTANT. The purpose of the "Visioning" session shall be to clarify Project goals
to prepare for the Community Design Workshop. Issues to be discussed shall include the
proposed alternatives, budget and schedule.
Deliverables:
- Attend "Visioning" session with representatives from CITY.
Schedule
- Attend "Visioning" session within 35 calendar days of Task 1.2
completion.
Task 1.4 - Review Meetinl! Prior to Community Desil!n Workshop: CONSULTANT
shall meet with applicable CITY staff to ensure that any and all concerns regarding
Project scope, schedule and cost parameters are addressed prior to scheduling the
Community Design Workshop. CONSULTANT shall prepare and distribute meeting
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COLLINS PARK I ROTIJNDA I MUNICIPAL PARKING FACILITY PROJECT
minutes accordingly.
Deliverables:
- Meet with representatives of CITY during Tasks 1.1 through 1.3
work.
Schedule
- Consultant shall meet with City staff as necessary through
completion of Tasks 1.1 through 1.3 work..
Task 1.5 - Community Desi2n Workshop (CDW): Design workshops provide an
opportunity for residents of affected communities to participate in the planning process
for projects in their respective neighborhoods. To this end, a Community Workshop shall
be conducted. CITY will schedule, find locations for, and notify residents of all such
meetings. CONSULTANT shall prepare all materials for presentation at each workshop.
At a minimum these shall include "full size" graphics, a summary of cost estimates,
workshop agendas and requisite handouts of each. CONSULTANT shall prepare draft
meeting minutes and forward them to CITY for review. Upon receipt of review
comments, CONSULTANT shall finalize and distribute, accordingly. The workshop is
intended to address specific design issues as discussed in the following:
Task 1.5.1 Community Design Workshop (CDW) - This workshop is intended
to provide community residents with a review of the proposed Project scope,
budget and schedule and create a consensus plan with community concurrence.
CONSULTANT shall prepare full size presentation graphics illustrating the Site
Analysis Maps and Design Concept(s) developed under Tasks 1.2 and 1.3 as well
as a Microsoft PowerPoint Presentation. As previously noted, all presented design
concepts shall present proposed improvements possible under current budget
limitations. In addition, graphics and Power point presentations shall be prepared
presenting a summary of probable costs for the various improvements and the
workshop agenda. "Budget" level cost estimates shall be +30%, -15% as defined
by the American Association of Cost Engineers. Based on this data,
CONSULTANT shall present the preliminary planning information to attendees.
CITY staff will also attend these meetings, and assist CONSULTANT with
responses to resident questions, as applicable. CONSULTANT shall note
reasonable design revision requests from residents for review and incorporation
into the proposed plan. Due to the fixed nature of funding on the various projects
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COLLINS PARK I ROTIJNDA I MUNICIPAL P ARKING FACILITY PROJECT
within the Project, budget limits must be adhered to. CONSULTANT shall be
prepared to discuss budgets and the various impacts of resident requested
revisions on such, accordingly.
Deliverables:- Prepare materials, attend and conduct the Community Design
Workshop
Schedule:
- Within 30 calendar days after completion of Task 1.4
If consensus is not achieved at the end of CDW, then a second CDW may be
scheduled (as Additional Service) to make final changes.
Task 1.5.2 Community Design Workshop No.2 - (If needed will be done by
Consultant as Additional Service - see Schedule B) The second workshop is
intended to present community residents with the selected design concept, budget
and schedule based on the input received during Workshop No.1 (task 1.5.1)
CONSULTANT shall prepare full size presentation graphics illustrating the
selected design concept, as well as a Microsoft Power Point presentation and a
summary of probable costs for the improvements and the workshop agenda. The
selected design concept shall be presented and shall illustrate proposed
improvements possible under current budget limitations. "Budget" level cost
estimates shall be +30%, -15% as defined by the American Association of Cost
Engineers. Based on this data, CONSULTANT shall present the information to
attendees. CITY staff will also attend these meetings, and assist CONSULTANT
with responses to resident questions, as applicable. CONSULTANT shall note
that the design concepts presented during this meeting are considered "near final"
and CITY will consider only minor design revision requests from residents for
review and incorporation into the proposed plan.
Deliverables: - Prepare materials, attend and conduct Community Design
Workshop No.2
Schedule
- Within 30 calendar days of Community Design Workshop No.1
(If requested by City as Additional Service)
Task 1.6 - Basis of Desi!!:n Report (DRAFT): CONSULTANT shall prepare a draft
Basis of Design Report (BODR) presenting the results of the Community Design
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
Workshop(s) and final design concept plan. The BODR will include a summary of
findings and a Site Plan illustrating all proposed improvements, inclusive of demolition,
utilities, buildings, lighting and landscape. Where required, CONSULTANT shall
perform a study to determine the most desirable routing for proposed underground
improvements. The BODR shall include sufficient detail in plans, sections, notes and key
descriptions to facilitate review by the various CITY permitting and planning divisions
discussed in Task 1.7.
The draft BODR shall also include discussions and graphics illustrating:
. A Project implementation plan, inclusive of demolition, utilities, buildings, landscape,
lighting and landscape construction with a discussion of expected impacts to the facility
operations of the Bass Museum and Rotunda. At a minimum, the Bass Museum must be
maintained operational at all times.
. Proposed improvements. Description of all proposed Project elements.
. A "budget" level cost estimate prepared in conformance with format approved by
CITY. Estimates shall be provided for both current phase and future (unfunded)
improvements. Based upon CONSULTANT's cost estimate, CITY shall advise
CONSULTANT if portions of the Project need to be deleted, phased and/or bid as
alternate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise
BODR to reflect such issues accordingly.
. A schedule for implementing the Project itemized phase by phase (design, bid, award,
and construction) including critical issues and the time period allowed for resolving each
issue. The schedule shall be prepared in "Primavera Project Planner, Version 3.0" format
or SureTrak and provided to the CITY.
. Discussion regarding permitting authorities having jurisdiction over Project and
provide a list of permits typically retained by the City and/or Contractor. Unique and/or
special permitting requirements shall be identified as well as permitting fees. This
includes all applicable environmental permits.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
Deliverables:
- Prepare 25 copies of the draft BODR.
Schedule:
- Within 30 calendar days from completion of final CDW of#l (or
#2. if approved as Additional Service).
Task 1.7 - Review of BODR with CITY Divisions: CONSULTANT shall meet to
present and review the draft BODR with the following review agencies:
. City of Miami Beach Departments, to include representatives of the Fire, Police,
Planning, Parking, Building, Parks, Public Works Departments.
. City of Miami Beach Historic Preservation Board
. City of Miami Beach City Commission
CITY shall attend review meetings and assist CONSULTANT, as practicable, in
obtaining approvals from noted review agencies by participating in negotiations with
such authorities. CONSULTANT retains final responsibility for procuring all necessary
approvals, and for implementing required revisions and resubmissions as necessary. It is
recognized by CITY that the time period for obtaining approvals from the various review
agencies is beyond the control of CONSULTANT, except for issues concerning the
acceptability of the proposed design concepts and CONSULTANT's ability to respond to
review agency comments. CONSULTANT shall address and respond to comments
received from the various reviews in writing, and implement requested revisions into the
draft BODR, as agreed with CITY, within fourteen (14) calendar days of receipt of
comments, unless agreed to otherwise with CITY. CONSULTANT shall draft meeting
minutes and forward them to CITY. Upon receipt of CITY comments, CONSULTANT
shall finalize and distribute accordingly.
Deliverables:
- Attend BODR review meetings with noted committees.
- Prepare draft meeting notes.
- Address comments and revise BODR accordingly.
Schedule:
- Within 14 calendar days of draft BODR completion.
Task 1.8 - Final Basis of Desi2n Report: CONSULTANT shall prepare a final BODR
based on comments and revisions implemented during the reviews with the various CITY
Divisions. The final BODR will serve as the basis for development of detailed design
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COLLINS PARK I ROTIINDA I MUNICIPAL PARKING FACILITY PROJECT
documents as discussed in Task 2.
Schedule:
- Prepare 25 copies of a final BODR.
- Within 31 calendar days after completion of reviews noted in
Task 1.7.
Deliverables:
TASK 2 -DESIGN SERVICES
The purpose of this Task is to establish requirements for the preparation of contract
documents for the Project. Note that Task 2.1 requires that CONSULTANT perform a
variety of forensic tasks to verify, to the extent practicable, existing conditions and the
accuracy of base maps to be used for development ofthe contract drawings. Task 2.2
discusses requirements for the preparation of contract documents, inclusive of drawings,
specifications and front-end documents. Task 2.3 establishes requirements with regard to
constructabi1ity and value engineering reviews to be performed by others. Task 2.4
establishes requirements for the preparation of opinions of total probable cost by the
CONSULTANT. Task 2.5 specifies requirements for review of contract documents with
jurisdictional permitting agencies prior to finalization. Task 2.6 establishes requirements
for developing final (100%) contract documents. To facilitate the implementation of a
Public Information Program, CONSULTANT shall provide electronic files of all Project
documents, as requested by CITY. CONSULTANT shall provide the electronic files for
the front-end documents, technical specifications, and construction drawings.
Task 2.1- Field Verification of Existin!!: Conditions: CONSULTANT'S Surveyor shall
perform a detailed topographic survey of the existing Project areas to be impacted by
construction activities under the scope of this project. The survey shall be performed by a
Certified Land Surveyor in the State of Florida and shall meet the minimum technical
standards identified in Chapter 61G17-6, FAC. All survey files shall be prepared in
AutoCAD 2000 format with a layering system as approved by CITY. As a minimum, the
survey shall address the following:
. Topographic survey shall consist of establishing a baseline with 100-foot
stations, and identify sectionalized land corners. Baseline of survey shall be tied
into the sectionalized land monuments.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
. CONSULTANT'S Surveyor shall set benchmarks at convenient locations
within the Project site to be used during both the design and construction phases
of the Project. As a minimum, permanent benchmarks shall be set at corners of
the Project property. CONSULTANT'S Surveyor shall tie-in at least two existing
County survey benchmarks. The benchmarks shall be derived from existing
government benchmarks and be carried into the proposed system using Second
Order, Class II procedures. A full listing of benchmark locations shall accompany
the survey data.
. CONSULTANT'S Surveyor shall locate and identify all the existing surface
improvements / topographic features that are visible within the Project site, such
as the following:
);> existing valve boxes, water / electrical meter boxes, electrical pull boxes,
telephone / cable risers, fences, hydrants, roof drains, etc.
);> aboveground and underground utilities, invert elevations of accessible
underground utilities, wood / concrete utility poles, culverts, guardrails, pavement
limits, headwalls, endwalls, manholes, vaults, mailboxes, driveways, side streets,
trees, landscaping, traffic signage and any other noted improvements. Survey
shall identify fence material/height, landscaping plant materials and driveway
construction materials. Landscaping materials with a trunk diameter greater than
6 - inches in diameter shall be identified.
);> All buildings including overall dimensions and finished floor elevations.
. Survey limits shall include the entire Project site and an additional overlap
of 10 feet on either side of the property line.
. Topographic survey / base map shall be prepared in AutoCAD 2000 and
submitted on a 3.5-inch diskette or CD with one copy on 24-inch by 36-inch bond
paper to the CITY. CAD mapping shall be performed to a scale of 1: 1 in the
World Coordinate System. Text size shall be 100 leroy for a final product at 1=20
units.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
. Indicate geometry of perimeter private property plats (inclusive of fences,
landscaping and driveways).
Upon completion of the survey, CONSULTANT shall forward the same to the following
agencies with a request to mark / identify their respective utilities on the survey base
map. CONSULTANT shall coordinate this effort with each agency in an effort to
identify the location of all underground utilities. CONSULT ANT shall incorporate utility
owner markups / edits into its survey base map file. CONSULTANT shall contact the
following entities and request that they each verify locations of their existing
improvements in the affected areas:
. Florida Power and Light
. BellSouth
. Charter Communications, or successor Cable TV franchise
. Natural Gas Utility
. Miami-Dade Public Works Department
. Miami-Dade Water and Sewer Authority
. Others as deemed necessary by the City
Based on the collected data, CONSULTANT shall develop detailed design site plans for
the Project. The site plans shall include an overall key map and partial plans scaled at 1-
inch equals 20 feet. CONSULTANT shall illustrate proposed improvements on the site
plans based on available planning documents provided by CITY. A subsequent review
shall be scheduled with CITY staff to determine locations where additional field
verifications, via "Soft-Dig" underground identification services, may be implemented.
As a minimum, a $10,000 underground improvements verification budget allowance shall
be included under this scope of services. Unused amounts in this allowance shall be
credited back to the CITY at the completion of the design services.
CONSULTANT shall prepare final site plans based on the information gathered herein.
Copies of base maps shall be distributed to CITY.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
Deliverables:
- Perform forensic work as noted to develop final base maps.
Deliver five (5) sets of site plans to CITY.
Schedule:
- Within 60 calendar days after Task 2 - Design Phase Notice to
Proceed.
Task 2.2 - Detailed Desi2o: CONSULTANT shall prepare detailed design documents
consisting of general, civil, mechanical, architectural, electrical, landscaping, irrigation
and structural drawings, as applicable. CONSULTANT shall use CITY standard details
as provided by CITY, and as deemed appropriate by CONSULTANT. CONSULTANT
shall supplement design documents with its own additional details, as it deems necessary,
to provide CITY with a complete work product. All drawings shall be prepared using
AutoCAD 2000 software with a layering system as approved by CITY.
Technical specifications shall be prepared in conformance with Construction
Specifications Institute (CSI) format. CITY shall furnish CONSULTANT with standard
CITY specification outlines for Division 1. CONSULTANT shall refrain from amending
FDOT standard specifications and including same in the detail design documents.
CONSULTANT may provide technical specification sections that CONSULTANT may
require, not already provided through CITY standard outlines, subject to review and
comment by CITY. Any Supplier listings required by specifications shall include a
minimum of two named Supplier's and shall meet all applicable CITY and State of
Florida procurement codes. CITY standard specifications shall be provided to
CONSULTANT in "Microsoft MS-Word" format. CONSULTANT shall use the same
software in all Project related work.
CONSULTANT shall utilize base front-end documents provided by CITY.
CONSULTANT shall edit accordingly to result in a Project specific document. Any
changes / modifications to the Supplementary General Conditions shall be subject to
review and acceptance by CITY.
CONSULTANT shall attend four (4) progress meetings with CITY staff during the
design task. CONSULTANT shall prepare and maintain a design progress schedule in
Primavera Project Planner, version 3.0 format or SureTrak. CONSULTANT shall update
the schedule and review Project status at each progress meeting. Should CITY determine
that the CONSULTANT has fallen behind schedule, CONSULTANT shall provide a
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COLLINS PARK I ROTUNDA I MUNICIPAL P ARKING FACILITY PROJECT
recovery schedule that will accelerate work to get back on schedule.
For purposes of this Scope of Services, the following will be considered the minimum
effort to be provided by CONSULTANT for establishing the detail design milestones:
· 30% design completion shall consist of the completed survey / base map
work as identified in Task 2.1 with the proposed improvements identified in
plan view at a scale of 1-inch equals 20 feet. A key map shall also be
provided which illustrates the relationship between the drawings and its
respective location within the neighborhood. An outline identifying the
anticipated technical specifications to be incorporated into the work shall als.o
be submitted. CONSULTANT shall provide its "Budget" level opinion of
probable cost as defined by the American Association of Cost Engineers with
the submittal.
· 60% design completion shall consist of the plan and profile view of all
improvements, applicable sections and construction details. Prior to the
preparation of the 60% design drawings the CONSULTANT shall incorporate
changes to its design based upon its underground utility verification efforts.
Plan and profile sheets shall be provided for water and sewer improvements.
CONSULTANT shall include the technical specifications and a draft schedule
of prices bid (bid form) identifying the items to be bid by the prospective
contractors with the submittal. CONSULTANT shall provide its "Budget" level
opinion of probable cost as defined by the American Association of Cost
Engineers with the submittal.
· 90% design completion shall consist ofthe entire construction document set including
the front end documents (general and supplemental conditions), technical
specifications and construction drawings for all the work proposed to be completed.
CONSULTANT shall provide the detailed construction sequencing restrictions for
the CITY's review. CONSULTANT shall provide its "Definitive" level opinion of
probable cost as defined by the American Association of Cost Engineers with the
submittal.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
Deliverables:
-Furnish five (5) sets of30, 60, 90 and 100 percent completion
stage documents to CITY.
- Prepare and update project schedule, on a monthly basis.
- Attend progress meetings with CITY.
Schedule:
-Complete 30 percent documents within 87 calendar days after the
Task 2 - Design Phase Notice to Proceed
- Complete 60 percent documents within 91 calendar days
after Task 2 - Design Phase Notice to Proceed.
- Complete 90 percent documents within 89 calendar days
after Task 2 - Design Phase Notice to Proceed.
- Complete 100 percent documents within 91 calendar days after
Task 2 - Design Notice to Proceed.
Note: The above 30%, 60%, 90% and 100% design documents
completions shown in calendar days are contingent upon City's
reviews occurring pursuant to the attached Schedule D.
Task 2.2.1 - Geotechnical Evaluation
CONSULTANT'S Geotechnical Engineer shall conduct a preliminary field
exploration program to identify typical geotechnical conditions within the Project
site as further defined in Task 6.4. Actual locations shall be as directed by
CONSULTANT.
Task 2.3 - Desian I Constructabilitv Review: To verify that all design review
meeting comments have been incorporated and design standards have been
followed, CITY shall perform reviews of all design Project documents at the
preliminary (30 percent completion), intermediate (60 percent completion) and
near final (90 percent completion) design stages. The purpose of these reviews
shall be to verify that the documents are consistent with the design intent. The
CITY shall also review CONSULTANT's prepared cost estimates for the Project
at the 30, 60 and 90 percent submittal stages. Seven (8) sets of construction
drawings and specifications shall be submitted to the CITY at the 30, 60 and 90-
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING F ACILlTY PROJECT
percent design completion level. These documents will be furnished as bound 8-
1/2-inch by 11-inch specifications, 2 full sets (24-inch by 36-inch) blueline
drawings, and 6 full sets 11" X 17" drawings. Applicable CITY departments shall
perform reviews on these documents and provide written comments (in the form
of markups of submitted documents) back to CONSULTANT. Following receipt of
comments, a meeting shall be scheduled between CITY and CONSULTANT to
discuss the requirements, intent and review of comments. CONSULTANT shall
prepare a written memorandum to address how each comment was resolved.
Such written response shall be prepared and submitted to CITY, for acceptance,
within 14 calendar days after the review session. CONSULTANT shall revise
documents to include review comments accordingly.
In addition, CITY shall perform constructability reviews of the design documents
relative to value, construction sequencing and bid format. The reviews shall be
based upon the 60 and 90 percent design submittals received from the AlE
Consultants and shall be conducted concurrently with the 60 and 90 percent
design reviews. Meetings shall be held with CONSULTANT and CITY
representatives to discuss review comments, as required. A detailed review of
CONSULTANT's proposed construction sequencing restrictions will be
performed by CITY at the 90-percent completion stage. The CONSULTANT
shall note that the CITY's review of the contract documents does not relieve
CONSULTANT from its responsibility to the CITY with regard to the quality of its
contract documents.
Deliverables:
-Furnish ten (8) sets ofthe 30, 60 and 90 percent completion stage
documents to CITY. One (2) full size set and nine (6) 11" by 17"
to scale sets.
-Attend meetings with CITY staffto review and discuss design,
constructability and value comments.
-Prepare written responses to comments made during review
seSSiOns.
Schedule:
-Complete concurrently with Design Phase schedule.
Task 2.4 - Cost Opinions: CONSULTANT shall prepare opinions of probable
construction costs for each design submittal (30, 60 and 90 percent) as well as the final
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COLLINS P ARK I ROTIJNDA I MUNICIP AL PARKING FACILITY PROJECT
(100 percent) completion stage. The accuracy ofthe cost estimate associated with the 30
and 60 percent completion stage shall be +30% to -15% "Budget" Level as defined by
the American Association of Cost Engineers. The accuracy of the cost estimate
associated with the 90 and 100 percent completion stage shall be a +15% to -5%
"Definitive" Level Estimate as defined by the American Association of Cost Engineers.
All estimates shall be submitted in Microsoft "Excel" format in accordance with the
template approved by CITY. All estimates shall be furnished bound in 8-1/2-inch by 11-
inch size. Based upon CONSULTANT's cost estimate, CITY shall advise
CONSULTANT if portions of the Project need to be deleted, phased and/or bid as
alternate bid items to satisfy existing fiscal constraints. CONSULTANT shall revise
documents to reflect such issues accordingly.
Deliverables:
- Prepare opinions of probable costs at the 30, 60, 90 and 100
percent completion stages.
- Attend meetings with CITY staff to review and discuss cost
estimates.
Schedule:-
- Complete concurrently with Design Phase schedule.
Task 2.5 - Community Desi2n Review Meetin2s
CONSULTANT shall attend and participate in two community design review
meetings to review the design progress and concept at 60% and 90% design
completion status if necessary. The CITY will schedule, find location for, and
notify residents of said meetings. CONSULTANT shall prepare draft meeting
minutes and forward them to CITY for review. Upon receipt of CITY comments,
CONSULTANT shall review, provide comments and distribute, accordingly.
CONSULTANT base fee proposal shall include participation and attendance at
two (2) meetings. CONSULTANT shall identify in the fee proposal, the cost to
participate in one (1) additional such meeting should it be necessary based on
Community Input.
Task 2.6 - Document Revisions
Based upon the input provided by the residents, CONSULTANT shall incorporate the
necessary contract document as directed and approved by the CITY.
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COLLINS PARK I ROTUNDA I MIINICIP AL P ARKING FACILITY PROJECT
Task 2.7 - Permittinl! Reviews: CONSULTANT shall prepare applications and such
documents and design data as may be required to procure approvals from all such
governmental authorities that have jurisdiction over Project. CITY shall pay all permit
fees. CONSULTANT shall participate in meetings, submissions, resubmissions and
negotiations with such authorities. CONSULTANT shall respond to comments by such
authorities through CITY within fifteen calendar days of receipt of comments unless a
different time is agreed to by CITY. It is the intent ofthis scope of services that
CONSULTANT shall be the responsible party for formally transmitting and receiving
permits to and from the respective authorities. CITY shall track and monitor progress on
the preparation and review of permits and subsequent requests for information. It is
recognized by CITY that the time period for obtaining permits is beyond the control of
CONSULTANT except for issues concerning the permit ability of the design and
CONSULTANT's ability to respond to permitting agency requests for information. At
the time of the scope preparation, the following governmental authorities that have or
may have jurisdiction over Project have been identified:
. Miami Dade Water and Sewer Authority
. South Florida Water Management District
. Miami-Dade Department of Health
. Florida Department of Environmental Protection
. Miami-Dade Department of Environmental Resource Management
. City of Miami Beach Building Department
Failure to identify governmental authorities that have jurisdiction over Project at the time
of permitting scope preparation does not relieve CONSULTANT from responsibility to
pursue the permit as described above.
Deliverables:
- Correspond with jurisdictional authorities to establish permitting
requirements.
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COLLINS PARK I ROTUNDA I MlINICIP AL PARKING FACILITY PROJECT
- Revise documents and respond to permitting inquiries as
required.
- Attend meetings with CITY staff to review and discuss
permitting status.
Schedule:
- Complete within 90 calendar days after the completion of the 100
percent detail design milestone.
TASK 3 -BIDDING AND AWARD SERVICES
Task 3.1 - Construction Contract Document Review
CONSULTANT shall assist CITY in bidding and award of the construction contract.
CITY shall transmit contract documents prepared by the CONSULTANT to the CITY's
Risk Management and Procurement Departments for verification of appropriate insurance
and bonding capacity requirements for each Project prior to bid. Various departments
within CITY (Risk Management, Procurement and the City Attorney's Office) have non-
technical review responsibility for the Construction Contract Documents.
CONSULTANT shall assist CITY in this process by providing three copies of
Construction Contract Documents, participating in meetings, submissions, resubmissions
and discussions with these departments. CONSULTANT shall respond to CITY
comments within ten calendar days of receipt of comments unless a different time
schedule is agreed to by CITY. CONSULTANT's compensation has been based upon
one meeting with these departments.
Deliverables:
- Allocation of 16 meetings (roughly 2 per City Department).
Task 3.2 - Bid Document Deliverv
CONSULT ANT shall provide CITY with reproducible, camera ready, sets of contract
documents. The CITY Procurement Department will reproduce documents and handle
the advertising, distribution, sale, maintenance of plan holder lists and other aspects of
bid document distribution.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
Task 3.3 - Pre-Bid Conference
CITY shall conduct one pre-bid conference. CONSULTANT shall attend the pre-bid
conference and bid opening for each Project.
Task 3.4 - Addenda Issuance
CONSULTANT shall provide, through CITY, timely responses to the inquiries of
prospective bidders by preparing written addenda. Format for addenda shall be as
provided to CONSULTANT by CITY. These queries and responses shall be documented
and a record of each shall be transmitted to CITY on a same day basis. CONSULTANT
shall prepare and distribute necessary addenda as approved by CITY.
Task 3.5 - Bid Evaluation
Within five calendar days of receipt of bids, CONSULTANT shall evaluate the bids for
completeness, full responsiveness and price, including alternative prices and unit prices,
and shall make a formal recommendation to CITY regard to the award of contract. Non-
technical bid requirements shall be evaluated by others.
This scope of services includes no allowance for CONSULTANT's time to assist CITY in
the event of a bid protest. To the extent CONSULTANT's services are required in the
event of a bid protest, due to a direct action or lack thereof by CONSULTANT,
CONSULTANT shall participate in such activities at no additional cost to CITY.
Task 3.6 - Contract Award
CONSULTANT shall provide eight sets of Construction Contract Documents for
execution by CITY and the successful bidder within five calendar days of request by
CITY.
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COLLINS PARK I ROTUNDA I MUNICIP AL PARKING FACILITY PROJECT
Task 3.7 - As- Bid Contract Documents
After contract award and prior to the preconstruction conference, CONSULTANT shall
prepare As-Bid construction contract documents, which incorporate the following items
into the construction contract documents:
. Contractor's bid submittals, including but not limited to, bid
proposal, insurance, licenses, etc.
. Amend I modify front end documents and I or technical
specifications to incorporate changes made via contract addenda.
. Revise construction contract drawings to include modifications I
revisions incorporated via contract addenda.
CONSULTANT shall prepare As-Bid construction contract documents and reproduce ten
(10) sets for distribution to CITY within ten (10) calendar days after the City
Commission approval/contract execution.
Deliverables:
Attend and participate in pre-bid conferences and bid openings.
Respond to questions from prospective bidders and prepare
Addenda for distribution by others.
Prepare recommendation of award letter
Prepare As-Bid contract documents, reproduce ten (10) sets and
forward to CITY.
Schedule:
Upon receipt of Task 3 Bidding and Award Notice to Proceed and
within 120 calendar days upon receipt of Notice to Proceed.
TASK 4 -CONSTRUCTION ADMINISTRATION SERVICES
The CONSULTANT shall perform the following tasks associated with office
administration activities related to the construction of the Project. These tasks shall be
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
performed during the duration of all construction projects. CONSULTANT's
compensation is based upon a construction period determined by the Basis of Design
Report (BODR):
Task 4.1 - Pre-Construction Conferences: CONSULTANT shall attend a pre-
construction conference for the Project. CITY shall prepare and distribute
meeting minutes to all attendees and other appropriate parties. CITY shall issue
a Limited Notice to Proceed at the Pre-Construction Conference. A final Notice to
Proceed shall be issued upon receipt of a final schedule and procurement of all
applicable construction permits from the Contractor.
Deliverables:
-Attend and participate in pre-construction conferences.
Schedule:
-As scheduled by CITY after receipt of Task 4 Construction
Administration Notice to Proceed.
Task 4.2 - Weeklv Construction Meetinas: CONSULTANT shall attend weekly
meetings with the Contractor, CITY and applicable CITY representatives for the
Project. The purpose of these meetings shall be to review the status of
construction progress, shop drawing submittals and contract document
clarifications and interpretations. In addition, the Contractor shall furnish a two-
week look ahead work schedule to allow for proper coordination of necessary
work efforts. These meetings shall also serve as a forum for discussion of
construction issues, potential changes / conflicts and any other applicable
matters. CITY shall prepare and distribute meeting minutes to all attendees and
other appropriate parties.
Deliverables:
-Attend and participate m weekly progress meetings with
Contractors.
Schedule:
- Weekly, throughout the Project duration.
Task 4.3 - ReQuests for Information (RFI's): CONSULTANT will receive, log
and process all RFl's. Whenever an RFI involves the interpretation of design
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
issues or design intent, CITY shall forward the RFI to CONSULTANT.
CONSULTANT shall prepare a response in a timely matter and return it to CITY.
Deliverables:
-Respond to those RFI's that involve design interpretations and
return to CITY's office. Issue CDCs as required.
Schedule:
-Ongoing throughout project construction duration.
Task 4.4 - Requests for Chanaes to Construction Cost and/or Schedule:
CONSULTANT will receive, log and evaluate all requests for project cost and/or
schedule changes from the Contractor. Changes may be the result of unforeseen
conditions or interferences identified by the Contractor during the routine
progress of work, inadvertent omissions (betterment) issues in the contract
documents, or additional improvements requested by the CITY or CONSULTANT
after the project bid date. Regardless of the source, CONSULTANT and CITY will
evaluate the merit of the claim as well as the impact of the potential change in
terms of project cost and the schedule. CITY will review claims and / or change
order requests with CONSULTANT. No claims assistance services are included
under this task.
Deliverables: -
Perform independent review of request for cost increase and/or
time extension.
-Coordinate and participate in meetings, as required, with CITY
and Contractor to resolve and/or negotiate the equitable resolution
of request.
-Prepare change order documentation.
Schedule:
-Ongoing throughout Project construction duration.
Task 4.5 - Processina of ShOD DrawinQs: CONSULTANT will receive, log and
distribute shop drawings to CONSULTANT for its review. CONSULTANT shall
have 14 calendar days from the time of receipt in its office, to review and return
shop drawings to CITY's office.
Deliverables:-
-Review Shop Drawings and return them to CITY's office.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
Schedule:
-Ongoing throughout Project construction duration.
Task 4.6 - Field Observation Services: CONSULTANT and CITY will provide field
staff to observe the construction of the work. CONSULTANT shall provide specialty site
visits by various design disciplines (civil, structural, mechanical, plumbing, electrical,
landscaping) on an as requested basis. For the purposes of this scope of services, it is
assumed that a total of twenty-two (22) specialty site visits are included.
Deliverables: -Provide up to twenty-two (22) specialty site visits.
Schedule:
-Ongoing throughout Project construction duration.
Construction Administration services, in the amount of$168,148, are included in the
negotiated fee. This amount results in a cost of $13,000 per month for the services
provided by the CONSULTANT during construction based on an estimated construction
timeframe of thirteen (13) months. CONSULTANT has agreed to include two months of
additional Construction Administration services at no additional cost to the CITY ifthe
Project exceeds the estimated schedule of thirteen (13) months. After the additional two
months, CONSULTANT and the CITY agree that the CONSULTANT will provide
Additional Services at a not to exceed cost of eighty percent (80%) of the monthly cost of
Construction Administration services established in the negotiated fee. This will result in
Additional Services at a not to exceed an estimated cost of$lO,OOO per month if the
construction schedule were to be delayed.
The final duration of the construction schedule has been determined as outlined in
schedule D. The final cost for the monthly charges on Construction Administration
services is included as outlined in schedule B. The CITY believes this to be a fair
approach to account for possible delays in the construction process. Any Construction
Administration services due to delays deemed to be the responsibility of CONSULTANT
will be provided by the CONSULTANT at no cost to the CITY.
Task 4.7 - Proiect Closeout: Upon receiving notice from the CITY advising the
CONSULTANT that the Project is substantially complete, CONSULTANT, in
conjunction with appropriate CITY staff, shall conduct an overview of the Project.
The overview shall include development of a "punch list" of items needing
completion or correction prior to consideration of final acceptance.
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COLLINS PARK I ROTIJNDA I MUNICIPAL PARKING FACILITY PROJECT
CONSULTANT shall develop the list with assistance from CITY. The list shall be
forwarded to the Contractor. Substantial completion shall be deemed to be the
stage in construction of the Project where the Project can be utilized for the
purposes for which it was intended, and where minor items not be fully
completed, but all items that affect the operational integrity and function of the
Project are capable of continuous use.
Upon notification from CITY that all remaining "punch list" items have been resolved, the
CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final review of the
finished Project. Based on successful completion of all outstanding work items by the Contractor,
CONSULTANT shall assist in closing out the construction contract. This shall include, but not
limited be to, preparation of record drawings (based on markups forwarded by Contractor through
CITY), and certifying record drawings to the various affected permitting authorities. This
certification shall be based on the CONSULTANT having received and reviewed all applicable
test data, daily observation reports, record drawing markups, submittals, change orders and
performed final walk through of the completed work during substantial and final completion
punch list walk throughs.
Schedule:
-Attend field meetings to reVIew substantial completion and
develop "punch lists".
-Certify project completion to appropriate agencies.
-At the Substantial Completion of Project
Deliverables:-
TASK 5 - ADDITIONAL SERVICES
Some Additional Services are included in the Project total cost as outlined in Schedule B.
During the performance of the work, other Additional Services may be requested by
CITY and negotiated in accordance with contract requirements. Note that a separate
Notice to Proceed is required prior to performance of any work not expressly required by
this Scope of Services. If CONSULTANT proceeds with Additional Services without
proper authorization it does so at its own risk.
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COLLINS PARK I ROTUNDA I MlJNICIP AL PARKING FACILITY PROJECT
TASK 6 - REIMBURSABLES
Task 6.1 - Reproduction Services:
CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of
reports, contract documents and miscellaneous items, as may be requested by CITY.
Unused amounts in this allowance shall be credited back to the CITY at the completion
ofthe project.
Task 6.2 - Travel and Subsistence:
Not Applicable
Task 6.3 - Survevin2:
CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to
prepare a topographical survey of the project limits which meets the requirements of -
Task 2.1. CONSULT ANT's compensation shall be a reimbursement of actual costs.
Consultant shall solicit no fewer than 3 proposals from properly licensed and qualified
surveyors, recommend the desired firm, and receive approval from the CITY prior to
engaging the surveyor.
Task 6.4 - Geotechnical Evaluation
CONSULTANT'S Geotechnical Engineer shall conduct a preliminary field exploration
program to identify typical geotechnical conditions along the proposed pipeline
corridor(s) and/or to ascertain the sub surface conditions with respect to its drainage
design. The program will consist of up to four shallow (3 to 6 feet depth), fifteen (6 to 10
feet depth) and two (10 to 20 feet depth) standard penetration borings. Asphalt pavement
depth will be determined at nineteen locations, at a minimum, to establish the existing
thickness of asphalt at key locations. Actual locations shall be as directed by
CONSULTANT. Cost shall be limited to the noted reimbursable expense not-to-exceed
amount. Unused amounts in this allowance shall be credited back to the CITY at the
completion of the Project.
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COLLINS PARK I ROTIlNDA I MUNICIPAL P ARKING FACILITY PROJECT
Task 6.5 - Under2round Utilitv Verification:
CONSULTANT shall employ the services of an underground utility location service in
an effort to better identify existing underground conditions where work is to be
performed. Actual locations shall be as directed by CONSULTANT. Cost shall be
limited to a $5,000 noHo-exceed amount. Unused amounts in this allowance shall be
credited back to the CITY at the completion of the Project.
Minimum Drawin!!: Requirement
The composite set of drawings to be produced shall contain sufficient information and
detail to clearly define all proposed improvements in terms of quantity, quality and
location. All drawings and details shall be to a scale sufficient to be legible. The
consultant shall propose a drawing list to be reviewed and approved by the CITY.
Site Plans
Existing Conditions - Site Survey - to include property lines, sidewalks, pavement,
landscaping, existing site improvements and buildings, fencing, lighting, overhead and
underground utilities, and dimensions of buildings, pavement areas, fencing, etc.
Demolition - Clearly depict existing conditions to be demolished or modified.
Proposed Improvements - Clearly depict all new design elements including sidewalks,
pavement areas, landscaping, buildings, recreational courts and fields, fencing lighting,
utility modifications, replacements, and additions, etc.
Enlarged Site plans - Where necessary to clearly define project requirements, provide
enlarged site plans for specific areas of improvement.
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COLLINS PARK I ROnINDA I MIINICIP AL PARKING FACILITY PROJECT
BuildiOl! Drawio!!:s
All buildings to be renovated or constructed shall be detailed in the Project drawings in
sufficient detail to clearly and thoroughly depict the intended improvements or
modifications and shall at a minimum include drawings from all involved disciplines:
architectural, landscape architecture, site civil, structural, mechanical, plumbing, and
electrical. Drawings shall be organized by building and by discipline.
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COLLINS PARK I ROTUNDA I MlJNICIP AL PARKING FACILITY PROJECT
SCHEDULE A - SECTION 2 (ROTUNDA RENOVATION)
SCOPE OF AlE CONSULTANT SERVICES
A. Narrative
The City of Miami Beach intends to demolish the old Library located at the Southwest
corner of 22nd Street and Collins A venue, preserving the historically significant Rotunda
Building and provide alterations to the building to allow for community uses as a
versatile meeting and performance space..
The Rotunda building is dependent on the old Miami Beach Library for its electrical,
plumbing, HV AC as well ADA and rest room access. The Project may contain the design
of temporary landscaping site work near the Rotunda in order to receive a certificate of
appropriateness for the both the Rotunda Restoration Project and the demolition of the
old library from the City's Historic Preservation Board, which is a critical path task
required to be completed before the Rotunda can be renovated.
The Project will include the assimilation of FPL transformers into a small vault room
within the Rotunda's layout in order to relocate above-ground wires to underground
locations within the Collins Park Area. These tasks which were listed in the Collins Park
pre-design construction estimate will require coordination with FPL. This construction
estimate was part ofthe documents provided to the Consultant.
The general improvements include restoration and enhancement to the function and
aesthetics ofthe following:
The Rotunda should be gutted down to the bare structural components that have been
determined to meet the current code requirements. The building should have the
following replaced and/or added:
. New roof deck and roofing;
. New HV AC, plumbing and electrical;
. New Audio Visual system, lighting and removable seating and
stage platforms;
. New finishes throughout
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
. Exterior native landscaping that follows the Collins Park Master
Plan and the associated planting plan, both developed by Robert
A.M. Stern Architects.
The refurbished Rotunda will provide the City with a flexible multi-use space that can be
used by a number of City or public groups.
The work effort will require that all aboveground improvements will be coordinated with
existing and proposed aboveground and below underground infrastructure improvements,
which may include the following tasks:
. Upgrading the drainage collection system
. Repair or replacement of discretionary water and sanitary sewer lines
. Limited coordination with other entities, including but not limited to,
Florida Power and Light Company, BellSouth, Charter Communications and their
vendors, for the relocation of above ground utility wires to below ground
locations within Collins Park.
The work includes surveying and obtaining permits and approval from all governmental
agencies having jurisdiction in Miami Beach, including appearance and work for all
required Historic Preservation Board meetings.
B. Planned Progress Initiative Tasks 1-6
The Consultant will be tasked with the following duties and responsibilities:
Task 1 - Planning Services
Task 2 - Design Services
Task 3 - Bid and Award Services
Task 4 - Construction Management Services
Task 5 - Additional Services
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
Task 6 - Reimbursable Services
Task 1 - Planninl! Services:
The purpose of this Task is to establish a consensus design concept for the Rotunda
Project that meets the needs of the user community and stays within established schedule
and cost parameters. Note that this task will utilize and expand upon the concepts
presented in existing master plans for presentation to affected residents in a Community
Design Workshop. The Consultant will conduct a total of 1 Community Design
Workshop.
Based on the result of the Community Design Workshop, a draft Basis of Design Report
shall be developed for presentation and approval by all applicable design review
committees and permitting agencies. A final Basis of Design Report shall then be
prepared summarizing the accepted design concept, budget level cost estimate,
implementation schedule and other issues deemed important to the implementation of the
project. The final Basis of Design Report will be presented to the City Commission for
enactment through Resolution and will be available to the public thereafter.
Task 2 - Desil!n Services:
The purpose of this Task is to establish requirements for the preparation of contract
documents for the Project. Note that the Consultant will be required to perform a variety
of forensic tasks to verify, to the extent practicable, existing conditions and the accuracy
of base maps to be used for development of the contract drawings. These tasks include,
but may not be limited to, surveying, utility verification, and listing encroachments in the
Right of Way. In addition, the selected firm will follow City standards for the preparation
of contract documents, inclusive of drawings, specifications and front-end documents and
cost estimates.
Presentation formats for Review Submittal will be prepared at the 60%, 90% and 100%
design completion stages. Contract documents will be subject to constructability and
value engineering reviews to be performed by others. The Consultant will attend and
participate in community design review meetings to review the design progress and
concept at different progress levels during the design. The Consultant will also be
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
responsible for reviewing and receiving approvals of its contract documents from all
jurisdictional permitting agencies and boards prior to finalization. To facilitate the
implementation of a Public Information Program, the Consultant will provide electronic
files of all project documents, as directed by the City. City in-house Departments shall
be required to respond, in writing, to all review comments. Presentation formats will be
as directed by the City.
Note that the Consultant shall establish and maintain an in house Quality Assurance /
Quality Control (QAlQC) program designed to verify and ensure the quality, clarity,
completeness, constructability and bid potential of its contract documents.
Task 3 - Bid and Award Services:
The Consultant shall assist City in bidding and award of the construction contract. Such
assistance shall include facilitating reviews of its contract documents with applicable
Procurement, Risk Management and Legal Department representatives. In addition, the
Consultant shall furnish camera ready contract documents for reproduction and
distribution by the City, attend pre-bid conferences, assist with the preparation of
necessary addenda, attend the bid opening and assist with the bid evaluation and
recommendation of award to the City. The Consultant shall provide "As-Bid" documents
for use during construction.
Task 4 - Construction Mana2ement Services:
The Consultant shall perform a variety of tasks associated with the administration of the
construction contract and construction management of the Rotunda Renovation Project.
These shall include attendance at the pre-construction conference, attendance at weekly
construction meetings, responding to Contractor requests for information / clarification,
responding and evaluating Contractor requests for change orders / contract amendments,
review of shop drawings, review of record drawings, review and processing of contractor
applications for payment, monitor construction progress, resident project representation,
project closeout reviews including substantial and final punch list development and
project certification. The City will provide day-to-day construction administration duties.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
Task 5 - Additional Services:
Additional Services are envisioned and are included in the Project cost. However, if other
Additional services are required during the performance of the work, they will be
requested by the City and negotiated in accordance with contract requirements.
Task 6 - Reimbursable Services:
The City may reimburse additional expenses such as reproduction costs, survey,
geotechnical work and underground utility verification costs.
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
SCHEDULE B
ITEMIZED SCHEDULE OF COMPENSATION
SCHEDULE "B" - SCHEDULE OF COMPENSATION
MCHarry
Associates, Inc.
2$780 SW Douglas
Road
Miami, Florida
33133
305-445-3765
September 8, 2004
Project; Collins Park I Rotunda
1 Planning Services (Schematic) $54,513.00 l
PROJECT KICK-OFF MEETING $2,443.00
PROJECT SITE RECONNAISSANCE VISIT $4,655.00
DEVELOPMENT OF DESIGN CONCEPT ALTERNATIVES $16,980.00
DEVELOP BUDGET $3,240.00
ATTEND "VISIONING" SESSION $4,140.00
REVIEW MEETING PRIOR TO COMMUNITY DESIGN WORKSHOPS $2,800.00
REFINE ALTERNATIVES BASED ON VISIONING REVIEW $2,600.00
COMMUNITY DESIGN WORKSHOP NO.1 $3,780.00
BASIS OF DESIGN REPORT (DRAFT) $5,815.00
REVIEW OF BODR WI CITY DIVISIONS $5,620.00
BASIS OF DESIGN REPORT (FINAL) $2,440.00
2a Design Development Services (30% CD) $133,248.00 I
FIELD VERIFICATION OF EXISTING CONDITIONS $7,740.00
DETAILED DESIGN $114,773.00
INCORPORATE 30% DESIGN REVIEW COMMENTS $1,680.00
DESIGN/CONSTRUCTABILlTY REVIEW $2,762.00
COST ESTIMATES $4,030.00
COMM DESIGN REVIEW MEETING $2,263.00
2b Construction Documents 60%; 90% and 100% $218,975.00 l
2.1 FIELD VERIFICATION & UTILITY NOTIFICATION $6,360.00
DETAILED DESIGN (CD) $165,715.00
INCORPORATE 60% DESIGN REVIEW COMMENTS $2,240.00
INCORPORATE 90% DESIGN REVIEW COMMENTS $2,240.00
SCHEDULE UPDATES $1,180.00
PROGRESS MEETINGS $5,400.00
DESIGN I CONSTRUCTABILlTY REVIEW (30%, 60%, 90%) $3,330.00
COST OPINIONS (30%, 60%, 90%) $10,080.00
COMMUNITY DESIGN REVIEW MEETING $2,820.00
DOCUMENT REVISIONS I CORRECTIONS $6,155.00
PERMITTING REVIEWS $13,455.00
3 Bidding & Award Services $22,188.00 l
CONSTRUCTION CONTRACT DOCUMENT REVIEW $1,030.00
BID DOCUMENT DELIVERY $2,710.00'
PRE-BID CONFERENCE $1,710.00
BID PHASE QUESTIONS/RFI/ADDENDA $7,820.00
BID EVALUATION AND AWARD $2,202.00
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COLLINS PARK I ROTUNDA I MUNICIPAL PARKING FACILITY PROJECT
CONTRACT AWARD
AS-BID CONTRACT DOCUMENTS
$863.00
$5.853.00
4 Construction Administration Services [365 DAYSI
PRE-CONSTRUCTION CONFERENCE
CONSTRUCTION ADMINISTRATION
PROJECT CLOSEOUT
$1,995.00
$159,978.00
$6,175.00
5 ADDITIONAL SERVICES (Sheduled)
COMMUNITY DESIGN WORKSHOP NO.2-OPTIONAL SERVICE
ON-SITE INSPECTIONS FOR CIVIL INSPECTIONS
6 OTHER DIRECT COSTS (Allowances)
REPRODUCTION COSTS
SURVEYING
GEOTECHNICAL ENGINEERING
UNDERGROUND UTILITY VERIFICATION
GRAND TOTAL
$21,745.00
$26,625.00
$10,000.00
$30,000.00
$10,000.00
$10,000.00
66
$168,148.00
$48,370.00
$60,000.00
$705,442.00
COLLINS PARK! ROTUNDA! MUN ICIP AL P ARKING FACILITY PROJECT
SCHEDULE C
PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND MCHARRY ASSOCIATES
HOURLY BILLING RATE SCHEDULE
Classification Hourlv Billiol! Rate
Principal/Project Director $ 150.00 per hour
Senior Project Manager $ 126.00 per hour
Project Manager $ 111.00 per hour
Engineer -Senior $ 126.00 per hour
Architect $ 99.00 per hour
Engineer $ 99.00 per hour
Senior Inspector $ 87.0Oper hour
Specification Writter $ 78.00 per hour
Inspector $ 69.00 per hour
Technical Drafting - Senior $ 67.00 per hour
Technical Drafting $ 58.00 per hour
Architect / Engineer Intern $ 41.00 per hour
Clerical/Administrative $ 45.00 per hour
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COLLINS PARK! ROTUNDA! MUNICIPAL PARKING FACILITY PROJECT
SCHEDULE D
PROFFESIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND MC HARRY AND ASSOCIATES. INC.
PROJECT SCHEDULE
Calendar days after Issuance of Notice to
Proceed
186 Days
1 Days
Task Description:
1 Planning Services (Total)
1.1 Proj ect Kick-Off Meeting
1.4
1.5
1.5.1
1.5.2
1.6
1.7
1.8
2
2.1
2.2-
2.2a
2.4
2.2-
2.2a
2.4
2.2-
2.2a
2.4
2.2-
2.5a
2.4
2.7
3
4
5
1.2 Visioning Session
1.3 Project Site Reconnaissance & Development
Design Concept Alternatives
15Days
35 Days
Review meeting prior to CDW
Community Design Workshop
CDW1
CDW2
Basis of Design Report (DRAFT)
Review ofBODR with CITY Divisions
Final Basis of Design Report
Design Services
Field Verification Existing Conditions
Detailed Design 30%
30% Design Review
Concurrent with 1.1 thru 1.3
30 Days
o Days
30 Days
14 Days
31 Days
30 Days
30 Days
57 Days
30 Days
Detailed Design 60%
60% Design Review
61 Days
30 Days
Detailed Design 90%
90% Design Review
59 Days
30 Days
Detailed Design 100%
100% Design Review and Review Comment
Implementation
31 Days
60 Days
Permitting Reviews
Bidding and Award Services
Construction Administration Services
Construction Final Completion
90 Days
120 Days
365 Days (12 Months)
30 Days
The above timeline include, in calendar days, the response time of the City and the Project
Manager.
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COLLINS PARK/ ROTUNDA / MUNICIPAL PARKING FACILITY PROJECT
Schedule "E" Perimeter Project Scope
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